News & Analysis as of

United States Citizenship and Immigration Services Employer Liability Issues Employees

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Seyfarth Shaw LLP

TPS Haiti Work Authorization Extended to February 2026, Employers need to Make I-9 Updates.

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In a significant development for employers and Haitian nationals under Temporary Protected Status (TPS), the U.S. Citizenship and Immigration Services (USCIS) has updated its guidance to reflect a court-ordered automatic...more

Brooks Pierce

USCIS Announces Minor, but Important, Form I-9 and E-Verify Updates

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What is Form I-9? Employers use Form I-9 to review and verify that every new employee is authorized to work in the United States. Employers must examine and verify documents that show a newly hired employee’s identity and...more

Pullman & Comley - Labor, Employment and...

Immigration Enforcement Actions and Compliance – Best Practices for Employers

Through a series of sweeping executive orders, the Trump Administration has launched a systematic overhaul of U.S. immigration policy.  The Administration’s prioritization of immigration enforcement will likely impact...more

Seyfarth Shaw LLP

Countdown to Chaos? The 540-Day EAD Extension in Legislative Crosshairs

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If you have been following immigration news and are wondering how changes in Washington might affect your workforce, you are not alone. Senate Joint Resolution 8 (S.J. Res. 8) in the 119th Congress aims to undo a USCIS...more

Seyfarth Shaw LLP

Executive Orders Give First Insight into Trump Administration Immigration Priorities

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On January 20, 2025, the Trump Administration issued multiple immigration-related Executive Orders focusing on border security, rolling back humanitarian programs, increased vetting of visa applicants, and an attempt to end...more

Seyfarth Shaw LLP

Act Now, Don’t Panic Later. Dress Warmly for ICE

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The message for 2025 is clear: compliance is not optional, and preparation is essential. Review your policies, automate, and innovate where possible, train your staff, develop job aids, and strengthen your compliance program....more

Seyfarth Shaw LLP

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

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With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more

Bradley Arant Boult Cummings LLP

Preparing for a Future ICE Storm? Steps Employers Can Take to Prepare for Expected Increase in Immigration Enforcement

With each new presidential administration, prognosticators attempt to forecast coming enforcement priorities. President-elect Donald Trump’s return to the White House is no exception, and theories abound regarding the manner...more

Akerman LLP - HR Defense

Navigating Immigration Challenges Under the Second Trump Administration: What Employers Need to Know

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As President-elect Trump’s administration prepares for a second term, employers should anticipate intensified changes to U.S. immigration policies and procedures. These changes are expected to significantly impact various...more

Moore & Van Allen PLLC

Biden Policy Gives Employers New Ways To Help Dreamers

Moore & Van Allen PLLC on

On June 18, the Biden administration announced a two-part administrative action that provides an opportunity for certain undocumented immigrants to transition to permanent residence or an employer-sponsored immigration...more

Sheppard Mullin Richter & Hampton LLP

DHS Announces New Form I-9 and Remote Verification for E-Verify Employers

The Department of Homeland Security (“DHS”) announced on July 21, 2023 they will publish a revised version of Form I-9 on August 1, 2023. DHS also announced an enhanced remote verification flexibility using video for E-Verify...more

UB Greensfelder LLP

DHS Permits Permanent Remote I-9 Verification for Employers Who Use E-Verify

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The Department of Homeland Security (DHS) released a final rule Friday that will allow certain employers who use E-Verify to continue verifying employees’ I-9 documents remotely, making permanent a flexibility implemented...more

Brooks Pierce

Employers Must Use New Version of Form I-9

Brooks Pierce on

On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9 (Rev. 08/01/23). What is Form I-9? Employers use Form I-9 to verify the identity and employment authorization of...more

Perkins Coie

Form I-9 Inspection Requirement Compliance as COVID-19 Remote Verification Flexibility Sunsets

Perkins Coie on

The U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have announced that employers will have until August 30, 2023, to physically verify Form I-9 documentation that may have been...more

Nilan Johnson Lewis PA

I-9 Remote Document Inspection Flexibility Policy Extended to July 31, 2023

Nilan Johnson Lewis PA on

UPDATE: The Department of Homeland Security (DHS) has granted an additional extension of the I-9 remote document inspection flexibility policy until July 31, 2023. U.S. Citizenship and Immigration Services is encouraging...more

Littler

DHS Rule Increases Automatic Extension of Work Authorization for Certain Eligible Renewal Applicants

Littler on

On May 4, 2022, the U.S. Department of Homeland Security issued a Temporary Final Rule (TFR) automatically extending the work authorizations for certain renewal applicants listed on the USCIS website. Normally, the DHS...more

Gibney Anthony & Flaherty, LLP

FY 2023 H-1B Initial Selection Process Completed

On March 29, 2022, the USCIS announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B cap. A random selection (lottery) was conducted from...more

Schwabe, Williamson & Wyatt PC

It’s H-1B Season Again—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on January 28, 2022, that this year’s annual application period for the FY 2022 H-1B program will run from March 1, 2022, through March 18, 2022. Continuing the new...more

Gibney Anthony & Flaherty, LLP

USCIS to Continue Electronic Registration for FY 2023 H-1B Cap Season from March 1 - 18

USCIS formally confirmed that it will continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run from March 1 through March 18, 2022. H-1B CAP FY ‘23...more

Gibney Anthony & Flaherty, LLP

USCIS Selects Additional  FY 2022 H-1B Cap Registrations: What Employers and Foreign Nationals Need to Know

USCIS conducted a second lottery for the fiscal year (FY) 2022 H-1B cap on July 28, 2021 and has notified employers that additional registrations have been selected. Employers with selected registrations from the second...more

Gibney Anthony & Flaherty, LLP

USCIS Issues Policies to Improve Immigration Services: What Employers and Foreign Nationals Need to Know

U.S. Citizenship and Immigration Services (USCIS) announced three new policy updates to the USCIS Policy Manual aimed at improving access to immigration benefits. The updated policies: • Clarify the criteria for expedited...more

Foley & Lardner LLP

Biden Administration’s USCIS Reinstates Longstanding, Employer-Friendly Deference Policy

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As of April 27, 2021, the Biden administration has reinstated a longstanding policy of U.S. Citizenship & Immigration Services (USCIS) that the Trump administration revoked in its first year. The reinstated policy, commonly...more

Harris Beach Murtha PLLC

Effects of Employment Authorization Processing Delays on Foreign Workers and Companies

In December 2020, we reported on the pandemic’s adverse effects on United States Citizenship and Immigration Services (USCIS) and how the nearly four-month office closure of Application Support Centers (ASCs) and Field...more

Fisher Phillips

What A Government Shutdown Would Mean For Employers

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If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

FordHarrison

“Royal” additions: handling HR issues that arise due to marriage and childbirth

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I admit that, like many Americans, I am fascinated with the lives of the British royal family. That is especially true with respect to Charles and Di’s two young princes. I enjoy hearing news about Prince Williams’ adorable...more

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